Overstayed in Canada
Dear Miss Powell,
I overstayed on my last trip to Canada. My fiance and I would like to have our honeymoon in Niagara Falls in September. Since I have a USA visa, can I just drive across the border or do I need to apply for a visitor’s visa to Canada? Would they turn me back because I overstayed long ago?
– AM Dear AM,
A USA visa does not automatically grant you authority to visit Canada via land, sea or aeroplane. You must make a specific application for a temporary resident permit (TRP)/visitor’s visa to the nearest Canadian Visa Office in your home country, prior to departing.
Since you overstayed on the last occasion, you could be deemed inadmissible to Canada and this may have tarnished your reputation with the Canadian immigration authorities. You did not indicate the reason for overstaying or whether you were ordered to leave by the authorities.
The Immigration and Refugee Protection Act 52 (1) states that if a removal order has been enforced, the foreign national shall not return to Canada unless authorised by an officer or in other prescribed circumstances.
In order to overcome this hurdle, you may need to submit an Authorisation to Return to Canada (ARC) application with your Application for Temporary Resident visa.
TYPES OF REMOVAL ORDERS
There are three types of removal orders, and whether or not you need to apply for an ARC depends on the circumstances surrounding your departure from Canada. I would need more information in order to assess the best course of action.
What document did you receive before you left Canada? Did you receive a departure order, exclusion order or a deportation order? Or did you just leave without notifying the authorities of your departure.
If you were given a departure order and you did so with the stipulated time and notified the authorities then, you do not need an ARC, but you must apply for a visitor’s visa or TRP. Similarly, if you were issued an exclusion order and have a certificate of departure, you do not need to do an ARC, only a TRP. A deportation order requires an ARC and a TRP application.
The ARC application should be submitted at the Visa Application Office nearest you. You should ensure that you pay the required fee, a properly completed application with supporting documents. You should also provide a detailed explanation of your case and provide proof that you will not or are not likely to overstay again, if you are granted the authorisation to return to Canada.
This application must be carefully considered and properly written, therefore I would recommend that you consult with an immigration lawyer and provide copies of your passport, all correspondences to and from the Canadian immigration authorities, so that your lawyer can provide you with further details of how you can overcome this.